South Carolina General Assembly
106th Session, 1985-1986

Bill 2674

                    Current Status

Bill Number:               2674
Ratification Number:       334
Act Number:                607
Introducing Body:          House
Subject:                   Provide for the election of the members
                           of the Marion County Board of Education and
                           the manner in which they are elected
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A607, R334, H2674)

AN ACT TO PROVIDE FOR THE ELECTION OF THE MEMBERS OF THE MARION COUNTY BOARD OF EDUCATION AND THE MANNER IN WHICH THEY ARE ELECTED AND TO REPEAL SECTIONS 4 THROUGH 9, PART II, OF ACT 410 OF 1975; ACT 776 OF 1930 (SECTIONS 21-3451 THROUGH 21-3456 OF THE 1962 CODE); ACT 746 OF 1932 (SECTIONS 21-3471 THROUGH 21-3473 AND 21-3476 OF THE 1962 CODE); ACT 215 OF 1955 (SECTION 21-3476.1 OF THE 1962 CODE); ACT 821 OF 1922 (SECTION 21-3477 OF THE 1962 CODE); AND ACT 776 OF 1930 (SECTION 21-3478 OF THE 1962 CODE) RELATING TO THE MARION COUNTY BOARD OF EDUCATION, SCHOOL TRUSTEES, AND THE OPERATION OF THE MARION COUNTY SCHOOL DISTRICTS.

Be it enacted by the General Assembly of the State of South Carolina:

Composition of board

SECTION 1. The Marion County Board of Education is composed of seven members who must be residents of and elected by the respective, qualified electors of the same seven single-member election districts from which members of the Marion County Council are elected. The present members of the board shall continue to serve until their successors are elected and qualify in the manner provided and take office.

Election district

SECTION 2. Each geographical area from which a member is elected constitutes and is referred to as an election district, unless the context clearly indicates otherwise.

Term, election districts, etc.

SECTION 3. Members of the board must be elected for terms of four years each and until their successors are elected and qualify. Of those first elected, three members shall serve for a term of two years and four members shall serve for a term of four years. The four candidates receiving the most number of votes shall serve a term of four years. Vacancies occurring for any reason must be filled at the next school board election in the same manner of original election for the remainder of the unexpired term or for a full term as the case may be.

The members of the board must be elected in nonpartisan elections beginning in 1986 to be held as hereinafter provided. The 1986 election must be held on the same date as the holding of the primary election and elections must be held every two years thereafter on the second Tuesday of April of that even-numbered year. Persons elected shall take office on the first Monday following their certification.

The members of the board must be residents of the election district from which election is sought and be elected from the district by the qualified electors of that district. Any person desiring to qualify as a candidate shall file written notice of his candidacy with the county election commission at least thirty days before the date set for the election but not earlier than sixty days prior to the election. The notice of candidacy must be a sworn statement and shall include the candidate's name, age, voting precinct, period of residence in the district, and such other information as the county election commission requires.

The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results thereof. The commissioners shall advertise the date of the election sixty days preceding it in a newspaper of general circulation in the county and shall publish a second notice thirty days before the election. The costs of the election must be borne by the county board of education.

The results of the election must be determined in accordance with the nonpartisan plurality method prescribed by Section 1 of Act 81 of 1977.

The present members of each board of trustees shall continue to serve until their successors are qualified and take office in a manner provided by the county board of education or upon dissolution of each board of trustees in the manner provided in Section 6 of this act.

Compensation

SECTION 4. The members of the board shall receive an annual compensation of one thousand, two hundred dollars each. The board thereafter may adjust the compensation to become effective after the next election of at least three members.

Millage authorized

SECTION 5. Beginning with its 1987-88 fiscal year, the elected board of education may levy for the annual operation of the district, districts, or board without the authorization of the General Assembly by act or joint resolution, the millage authorized to be levied for these purposes for the previous year plus a millage increase which on a percentage basis does not exceed the annual inflation factor as determined under the South Carolina Education Finance Act for that year. If the board desires to levy millage in excess of these limits it may do so only with the approval of the qualified electors in the school district in a referendum called in the same manner as provided for in Chapter 9, Title 4, of the 1976 Code.

Operation of district

SECTION 6. The county board of education has the authority to operate the school district or districts in any manner approved by the elected board, including the delegation of authority to any school district board of trustees. Consolidation of any existing school districts or abolition of any district board of trustees by the board of education must first have the approval of the qualified electors in the school district, in a referendum called in the same manner as provided for in Chapter 9, Title 4, of the 1976 Code.

Commissioners of election to conduct and

supervise referendum

SECTION 7. The county commissioners of election shall conduct and supervise any referendum required by this act in the manner governed by the election laws of this State mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results thereof. The commissioners shall advertise the date of the referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the referendum. The costs of the referendum must be borne by the county board of education.

County attendance supervisor

SECTION 8. The county attendance supervisor, the county adult education supervisor, and the county vocational education center are under the supervision and authority of the county board of education.

Repeal

SECTION 9. Sections 4 through 9, Part II, of Act 410 of 1975; Act 776 of 1930 (Sections 21-3451 through 21-3456 of the 1962 Code); Act 746 of 1932 (Sections 21-3471 through 21-3473 and 21-3476 of the 1962 Code); Act 215 of 1955 (Section 21-3476.1 of the 1962 Code); Act 821 of 1922 (Section 21-3477 of the 1962 Code); and Act 776 of 1930 (Section 21-3478 of the 1962 Code) are repealed.

Time effective

SECTION 10. This act shall take effect upon approval by the Governor. However, if this act has not been precleared by the United States Department of Justice pursuant to the Federal Voting Rights Act of 1965 by May 1, 1986, the election set herein for 1986 must be postponed to a later time to be set by the Marion County Election Commission so as to allow for sufficient time for filing of candidacies, and the notice and conduct of the election. The members elected at this later date shall take office on the first Monday following their election.